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Tension Between Record Labels And Digital Radio
An anonymous reader writes "Now that digtial radio devices are allowing recording of shows, you knew it wouldn't be long before music executives started raising a fuss. They're worried that users will prefer to record the high-quality audio (for free) to buying a download or CD." From the article: "For now, the Recording Industry Association of America is in negotiations with satellite radio companies and is opening discussions with radio broadcasters over specific products. But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes."
Isn't it considered "fair use" to record a broadcast for personal use? This is exactly like someone recording a TV show with their VCR. Nor is it any different then hooking up a radio to a tape recorder and recording favorite music. I guess the RIAA bigwigs fear anything that makes it "convenient" to record a broadcast.
In light of that, I sure hope they don't start pushing Congress to put DRM chips in every audio recording device out there like MPAA's anti-"analog hole" chip push.
I think they should stop fighting technology and start using it as a buisness model...
When you subscribe to XM or Sirius?
i test-drove XM radio in a shiny new rental car. the compression artifacting hurts my head, and makes most of the content unlistenable. imho, there's no issue here: if i want quality audio, i'll purchase a cd, or download some FLAC, or even record an FM station.
"But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes."
So they want to be paid by both the broadcasters and the listeners? Paid twice for the same product? If that's the case, will the RIAA be charging broadcasters less money for broadcasting songs with the metaphorical broadcast flag set, or will the prices continue to remain as high as they are even though they'll also be seeing money from recorders?
The US has the best legislature money can buy!
The recording industry chooses to allow satellite radio broadcasts. They can choose not to, if they feel it helps their business. But there is no need for federal regulation just because the recording industry can't figure out how to run their business effectively.
Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes.
Last I checked it was legal to record off the radio. The AHRA covers this...
The act failed to define "noncommercial use by a consumer" however " In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use." (House Report No. 102-780(I), August 4, 1992) .
Although now that I think about it, technically the music industry is getting around this part of the legislation by not going after consumers recording digital media off the radio, but in fact threating to pull out of agreements with digital radio broadcasters if they don't implement this system. This is the kind of shit that gets them investigated by Elliot Spitzer.
The Doormat
If you're not outraged, then you're not paying attention.
.. I tried saving the RIAA webpage, but its disabled, even the screenshot!
I guess it's important for Slashdot to keep posting these stories. Someone needs to keep an eye on the RIAA And Friends. But whenever yet another initiative like this comes up, the answer is always the same. If you can't handle people being able to record and archive your "content", get out of the content business. There's really nothing else to be said.
But this is not about Internet broadcasts. This is about satellite broadcasts that the user has already purchased the right to listen to. Who is to say the he/she cannot timeshift that music to listen to it an a more appropriate time. I pay a monthly (yearly in my case) fee to listen to premium satellite content. I will NOT pay an additional fee to be "allowed" to listen to it again or record it.
Repant. Thy end is sheer.
Up and coming is "HD Radio" which is the next big disaster coming. It uses the so-called "IBOC" (In-Band On-Channel) technology to jam digital carriers on either side of the AM or FM audio signal. It's known to decrease station coverage and cause background noise on the station itself.
It doesn't actually accomplish anything, seeing as there's hardly enough of a bit rate for one subchannel besides the main one (as far as music), let alone more than that.
But the reason I bring it up is that people say, "well I can just record it off my FM radio," without realizing that this is coming. The RIAA has already been talking about controls on digital radio to prevent people from doing that stuff there too.
Don't take your FM for granted, the government wants to take that too.
The recording industry wants a piece of everyone's pie. It won't be long before they send in lawyers for singing their music in the shower.
Radio stations pay to RIAA and suchlike for broadcasing rights already. This is where the music is sold. If RIAA thinks it is underpaid, it could try to raise the price for the stations.
Why add another piece of legislature?
Computers make very fast, very accurate mistakes
It looks like Congress has made some legal distinction based on how you get the information. E.g. the information in a terrestrial radio broadcast is in a different legal category than satellite radio or an internet download.
This is ridiculous -- e.g. if I ran IP over a radio frequency, then what? What category am I in?
FTFA:
"Congress has historically come down on the side of the broadcasters in this debate, saying that radio stations can play whatever music they want while paying only a relatively small amount of money to songwriters and publishers for the right to "perform" the song on-air--and not paying record companies at all.
"Similarly, the right of consumers to tape songs off the radio has generally been held to be fair use.
"However, when Congress set the rules for Internet and other digital broadcasts in 1998, it gave record companies the right to royalties from Internet and satellite radio broadcasts. That's set up a patchwork of different rules for different new media companies, even as technology has brought the way consumers use their services more closely together."
http://www.thebricktestament.com/the_law/when_to_
Let's establish a rule of conduct: If you make it a point to attack and publicly castigate developers who don't follow the GNU license, you should NOT attack RIAA for protecting their own IP rights, or for publicly discussing options for doing so. If in doing so they use some tactic that you think is wrong (Sony's rootkit disaster for example), go after that behavior, don't deny their right to defend their own intellectual property.
So you don't think RIAA should have a stranglehold on music distribution? Don't give it to them then! Support local artists, independent songwriters, open-source music! Stop taking the easy way out and expecting others to pay for it.
If all the hype about Ashlee Simpson makes you want her music, you should expect to pay more for it, because hype costs money. If you're sick of the hype, well, don't patronize it. Don't steal RIAA's stuff and fool yourself into thinking that you're taking a moral stand by doing so.
Does this really seem like rocket science to anyone?
The RIAA does not want to stop the digital revolution, they want to own it. Law is the way to own it. If you survey the history of the Commons, and of the Government"s willingness to transfer the commons to a specific, well-financed, private interest ( thereby legally robbing the original owners of their rights and interests)you would be less sanguine about the matter. Microsoft and Google are happy to abet the Chinese government in censorship, and not consider it evil, either, so what makes you think that any of the ECONOMIC interests are going to resist DRM? Who is going to lobby Congress on our behalf? And the Supremes? - they haven't been the same since Diana Ross went solo. They could easily drop Betamax. You only need to lose a right once before it ceases to be a right.
I have nothing to hide. So, why are you spying on me?
Sorry but XM is far from CD quality. It's more like a low quality 128kbps mp3.
Yes it sounds better than FM because of greater dynamic range and no compression (ok many channels have compression now so that is no longer a good point) but it certianly does not sound as good as a CD.
Anyone choosing to record their music from XM or sirius instead of buying the CD to rip or getting a torrent of the whole album recorded as 256kbps VBR mp3's is a nutjob with lots of time to waste as it has to go in realtime.
Now, recording the upcoming howard stern into an mp3 so they can listen to it later, yeah. I can see that and other shows you want to time shift.
But their reasoning as described in the article? that is purely retarted concerns from executives that dont even have the foggiest idea as to what they are talking about.
Do not look at laser with remaining good eye.
It's not that important for *slashdot* to post this stuff. its like preaching to a really small choir.
What needs to be done is the mainstream media to post..
---- Booth was a patriot ----
Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs
While they are at it, how about passing a law so that MUSCIANS can get paid when then labels sell their music?
Your comment reminded me at Napster Bad!
I think we can keep recursing like this until someone returns 1
So now, I have to pay for radio so I can hear it the way it's meant to be. But I can't even record some songs I like so I can hear them again? What about fair play?
See, it's just not even worth it. You might as well just be buying CDs because you actually get to control some of what you pay for. Control is key because then you can enjoy it when the mood strikes you and not have to work around something just to get your way. I don't care about the difference between buying something and licensing it. If I pay money, I expect SOMEthing to go my way. Anytime the distributors get involved with anything, they want to control it and get me to pay more than I would have for what I thought was fair and enjoy it on my terms. But somehow the distributors get uptight whenever things aren't on their terms. Is that what the artists want? Do they even care?
In the future, will there be such a thing as a commercial format with wide distribution that doesn't restrict the user in some way, preventing them from enjoying it on their terms? It seems to me that there won't, because if a user enjoys something on their terms, distributors can't start charging you when you want to do something else with it that you hadn't intended on at the point of purchase. Say you bought CDs, and after that you bought a portable digital audio jukebox. Naturally you want to put your fucking music on there and carry it around with you, but that won't be possible. This is garbage.
Just preview tracks online, through P2P or whatever, and then buy what you like. Am I really insane for doing this? Fuck the distributors. They're insane.
Twinstiq, game news
Don't you guys think it's funny that all seven of the 'latest news' section from http://riaa.com/ relates to Lawsuits and Music Piracy. Funny, but not surprising.
There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.
--RAH, Life Line, 1939
This my thinking exactly. What are radio stations paying for if the end consumer has to pay again for the same material?
Moreover, I don't think a 64 Kb/s stream from Sirius or XM qualifies as a "high quality recording". From what I've heard it's better than AM radio but worse than FM when it comes to audio quality.
In modern, U.S. law, it didn't actually grow out of Betamax (you're thinking of the time-shifting finding) - it gained a statutory definition in the Copyright Act of 1976, and was recognized common law (interpreted varyingly, to be sure) before that.
I forget what 8 was for.
So, what they are saying are that they want to get paid for music already paid for (by the radio station), because someone records it and listens to it later? How is that different from getting paid for music already paid for (by buying an album) and listening to it later? Of course, that would be the next logical step for them to take. Have everybody insert an implant which will register every time you hear a song, and charge you for it. The way the music industry is acting nowadays, it's not strange that people don't like them.
I call bullshit
http://harveydanger.com/downloads/
I had no idea who they were before I downloaded their free album, and now I have developed a bit of a liking for some of their songs, so I would consider buying the other albums or seeing them in concert.
Wait - I thought it was all about the poor starving artists. Now I'm all CONFUDDLED.
If you were blocking sigs, you wouldn't have to read this.
First of all, and this is important:
Neither Sirius nor XM broadcast in anything approaching CD quality. At best, some of the stations are broadcast in what is equal to 128kb/s mp3 or aac. Most channels are roughly FM quality.
Second, the fact that this is broadcast digitally is irrelevant; there is no access to the digital stream, so by the time you can record the music, it's already analog. Therefore, this is really nothing more than recording radio.
Can you make digital copies of this analog stream (re-read my last paragraph)? Yes. But then, you can do that with FM radio as well.
Let's be clear about this. THERE IS NO DIFFERENCE BETWEEN ANALOG AND SATELLITE RADIO EXCEPT THAT FOR NOW THE MUSIC CHANNELS DON'T HAVE COMMERCIALS.
The RIAA appears to be using the words "digital" in a way to evoke fear of piracy. It's so transparent that you'd have to be really naive to believe anything about the RIAA's position.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
Authors and musicians were willing to work pretty hard to generate works when copyright expired in 14+14 years. Imagine if architects got the same deal that authors get today. "Design this building and you and your heirs will get a percentage of the rent for your lifetime plus 90 years, unless you manage to grow fat enough to buy some new laws and make it your lifetime plus 120 years...".
Sure, it's wrong to steal an author's work by putting it on the 'net. But on the other hand, that doesn't make it right to lock up entire technologies, economies, and sectors of the public consciousness for centuries. Heinlein's quote is apropos because the music rightsholders are trying to turn back the clock and once again make it practically impossible to copy stuff off the air (as well as simply illegal to do so for redistribution).
I guess the RIAA bigwigs fear anything that makes it "convenient" to record a broadcast.
You know, we need to take a step back. The parties the RIAA represents are distributors. Many industries have distributors - people that help match buyers with sellers and add expense to the process. Distribution as a viable business often emerges when it is difficult to put the buyer and seller directly together. It dies when new technologies develop that make this easy.
Consider Geico. They sell insurance directly to consumers, bypassing agents. Their model is to cut out the middleman and save the 15-20% overhead associated with distribution, keeping much of that and giving enough of that savings to the consumer to have a competitive advantage.
Should an angry army of insurance agents band, form a trade association, restrain trade, intimidate consumers and fight progress? That'd be absurd. A good friend of mine owns an insurance agency and he's found the way to compete is not suing his customers, but rather proving higher levels of service. He actually saved me 15% off of Geico which I was previously with, and provides me with a lot of expertise and attention in my insurance policies I never got with the direct model. Insurance is actually a market where knowledge is valuable and many consumers will pay a bit more to benefit from it.
Dell has cut out the middleman too. Do you see Best Buy suing all of us for going direct? Of course not. Compete or die. Countless other industries have gone between the flux of direct and distribution. The science comes down to this: When you add value to the consumer that exceeds the additional cost through the distribution process, the consumer will naturally buy through distribution. If you don't add more value than cost, they will bypass you.
The recording industry is cranking out tired artists, relying on a model of selecting a limited set of musicians and "putting lipstick on the pig" through aggressive marketing to sell the stuff. Worse yet, their distribution adds exceptional cost - more than double the original cost that goes to the artist (most of the cost to the consumer is to the distributor - this is a hint that the process is out of control), yet their product is less convenient to the consumer than the direct option. They're adding cost and inconvenience, not any added service. Unfortunately the distribution/direct paradigm has shifted due to technology and they're adding cost with no value. Excluding anticompetitive practices, litigation and legislation based on gifts to corrupt politicians, they will die... unless they can provide value once again that exceeds the cost they add to the product.
*scoove*
"our livelihood and our families' annuity. "
But it's not.
I don't have a problem with authors and musicians making a living on their works, but I don't see where copyright was meant to be an annuity down through the generations.
At best, copyright was meant to give a person enough to encourage them to be more creative because it allows them the means to live and work as a creative person. We all benefit.
But what benefit is there to society that Elvis's daughter makes money from his songs? I don't mean that in the socialist sense, I simply mean that copyright is not a natural law. Its a device of law that people decided society was better off giving authors a limited monopoly to prevent unauthorized copying. Therefore, you can't make the argument that there is somehow a natural law that establishes ownership of a creative work for all time.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
Why is that every time someone (person, corporation or an entity) does something that a corporation doesn't like, they instantly need laws protecting them and their business?
But when we, the consumers, want some laws changed/created corporations always object and usually win?
One of these days (hopefully soon) they'll realize that you can't always have your cake and eat it too.
Soon, there's this little box on your belt....
This is completely legal under the Audio Home Recording Act. The RIAA gets nothing for it. They can't even stop radio stations from broadcasting the music. Not even with DRM; broadcast radio stations have the right to crack DRM. (That's actually in the DMCA.)
That's what scares the RIAA.
Umm no.. Music stations on XM or Sirius do not have commercials. XM used to be they removed them about 2 years ago to better compete with Sirius The talk radio stations have commercials on XM because they are syndicated and live, gotta fill something in there.
Have you ever been to a turkish prison?
Well, that is the crux of the issue isn't it? What rights are inalienable to you as a human, and what rights are yours because government GRANTS them to you. The American premise WAS that all rights were inherently yours, and that government was granted powers from the people. I guess somewhere we lost that understanding, and we are slowly succumbing to the idea that the people have only the rights that they have been granted. All of these rights exist only insofar as the constituted authority respects them. Next time you hear someone say "the Constitution doesn't protect a right to...", or "it's not a right, but a privledge...", you are listening to someone running rough-shod over your rights.
I have nothing to hide. So, why are you spying on me?